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HomeMy WebLinkAbout07. 19-593 NOVEMBER 26, 2019 19-593 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE INTERGOVERNMENTAL AGREEMENT WITH TOWN OF OSHKOSH FOR RE-PAVING OF VINLAND STREET INITIATED BY: PUBLIC WORKS DEPARTMENT WHEREAS, the State of Wisconsin Biennial Budget provides funding to local and tribal governments through the Wisconsin Department of Transportation for new multimodal transportation projects; and WHEREAS, Vinland Street is in need of re-paving, is located in both the Town of Oshkosh and City of Oshkosh, and is an eligible program under the Multimodal Local Supplement (MLS) Program; and WHEREAS, if funding is awarded under the MLS program an intergovernmental agreement is required to outline responsibilities as they relate to cost sharing of the local match. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that an Intergovernmental Agreement between the Town of Oshkosh and City of Oshkosh outlining the responsibilities for the Town of Oshkosh and the City as they relate to cost sharing of the local match for the repaving of Vinland Street under the MLS program is hereby approved. The proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. Money for this purpose is hereby appropriated from: Acct. No — 0315-0410-7480-00000 TSF to Contract Control City of W Oshkosh MEMORANDUM TO Honorable Mayor and Members of the Co ano ouncil FROM• James Rabe, Director of Public Works DATE. November 21, 2019 RE: Approve Intergovernmental Agreement with Town of Oshkosh for Re-Paving of Vinland Street BACKGROUND The State of Wisconsin 2019-21 biennial budget provides $75 million to local and tribal governments in one-time general purpose revenue funding. The funds are available through the Multimodal Local Supplement (MLS) program and may be used for multimodal transportation projects on the local system The program reimburses up to ninety percent (90%) of total eligible costs with local governments providing a minimum of ten percent(10%) cost share. MLS funding is available for new projects statewide related to: • Roads • Bridges • Transit Capital and Facility Projects • Bicycle and Pedestrian Accommodations • Railroads • Harbors MLS funding is split between the following local government types: Allocation County City/Village Town Total Multimo dal Local $26,669,333 $19,039,500 $29,291,167 $75,000,000 Supplement After Kaukauna Bridge Set $26,082,667 $18,452,834 $28,704,501 $73,240,000 Asides Consistent with biennial budgetary discussions.$l 76M of MLS funding is reserved for the Kaukauna Veterans Memorial Lift Bridge($2 2M project cost reimbursed with 80%state funding) This reserved amount is split between the three(3) funding categories ($586,666 from each category) I\Engineering\James\DOT MLS Program\Vinland Street\Town of Oshkosh Intergovernmental Page 1 of 2 Agreement Memu-MLS Frog-Vinland St_11-21-19 docx For street projects, eligible costs include items such as: excavation; paving, pavement striping; storm sewer necessary for street drainage;municipally-owned street lighting necessary for safety purposes, and design engineering, only if performed by a consultant. Ineligible costs include items such as: utility work (water, sewer, gas, electric, etc.) and design engineering performed by municipal staff. ANALYSIS The MLS program is a competitive grant program, meaning the City of Oshkosh's (City) applications will be competing with applications from all other Cities and Villages in the State of Wisconsin for the roughly $18.5 million dollars allocated to Cities and Villages. Given the significant infrastructure needs throughout the State of Wisconsin, Staff anticipates an overwhelming number of applications will be submitted. Vinland Street from Morgan Avenue to Snell Road is primarily located within the Town of Oshkosh. Approximately eighty percent (80%) of the right-of-way is within the Town of Oshkosh, with the remainder within the City of Oshkosh. The Town of Oshkosh is submitting the MLS application for Vinland Street as the primary applicant. Since the street is partially within the City, an intergovernmental agreement is required in order to outline each of our responsibilities as they relate to the cost sharing of the local match. FISCAL IMPACT If the project is funded by the State of Wisconsin, the City will be responsible for our portion of the local share of the project. Depending on the level of reimbursement approved by the State of Wisconsin, we expect the City's portion of the local share to be$15,000—$30,000. If the project is funded, a CIP amendment will be brought forth for consideration by the Common Council to fund the City share of the project RECOMMENDATIONS Staff recommends approval of the intergovernmental agreement with the Town of Oshkosh for the re-paving of Vinland Street Approved, Mark A Rohloff City Manager JER/tlt I\Engineer ng\James\DOT MLS Program\Vinland Street\Town of Oshkosh Intergovernmental Page 2 of 2 Agreement Memo-MLS Prog-Vinland St_11-21-19 docx INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF OSHKOSH AND THE CITY OF OSHKOSH REGARDING VINLAND STREET Intergovernmental Agreement("Agreement")between the Town of Oshkosh, Wisconsin, a Wisconsin town("Town") and the City of Oshkosh, Wisconsin, a Wisconsin municipality ("City"). RECITALS A. The Town and the City each have territory containing real estate with frontage along Vinland Street, between Morgan Avenue and Snell Road in Sections 2 and 11, T18N, R16E, Town of Oshkosh, Winnebago County, Wisconsin("Road"). B. The State of Wisconsin 2019-21 biennial budget provides $75 million in funding for local and tribal governments through the Multimodal Local Supplement (MLS) Program. The funding is available for use on transportation projects on the local system related to• roads, bridges, transit capital and facility projects, bicycle and pedestrian accommodations, railroads, and harbors. The program provides up to ninety percent (90%) reimbursement of eligible costs, with the local unit of government providing the remainder of the funding for eligible and ineligible costs. C The Road is located approximately 80%within the boundary of the Town and approximately 20% within the boundary of the City. D. The Road was last reconstructed in 1976, and has deteriorated significantly and is in need of major repair. In 2017, the Road was rated a 3 on the Pavement Surface and Evaluation Rating (PASER) system. The ratings on the PASER scale are from 1 (failed) to 10 (new). E. The Town and City are willing to participate in the major repair of this street provided funding can be secured through the MLS Program. F The Town and the City are entering into this Agreement pursuant to Wis. Stat., §66.0301. This Agreement is intended to be binding upon future Town Boards and City Common Councils in accordance with its terms. In consideration of the above recitals, and other good and valuable consideration mutually acknowledged by the parties, it is agreed as follows: 1. Submittal of the MLS Application: The Town shall submit the MLS application to the Wisconsin Department of Transportation (WDOT) as the Primary Project Sponsor. The City will sign the application as the Secondary Project Sponsor. 2. WDOT Agreement: Should this project receive funding through the MLS Program, the Town shall execute the WDOT State/Municipal Agreement (SMA) Page 1 of 4 3. Construction Contract: The Town and City shall work together to ensure the contract contains adequate protections for both entities relating to items such as: insurance, indemnification, and warranty. The Town shall advertise for bids in accordance with the requirements of the MLS Program and the executed SMA. The Town shall enter into a contract with the winning Contractor and make payments to the Contractor in accordance with the contract. Any change orders necessary to complete the project shall be reviewed and approved collaboratively and cost allocations agreed upon by both the Town and City. 4. Participation Levels: The Town shall provide 80%of the local share that is required by the SMA. The City shall provide 20% of the local share. The Town shall invoice the City for the City's portion of the local share upon execution of the Construction Contract. The City will pay the invoice within thirty days of receipt. The Town and City will review the final project costs at contract closeout. Any payments due at contract closeout shall be invoiced and paid within thirty days of invoice 5. Project Record Keeping- The Town shall keep all records as required by the MLS Program and the executed SMA. The City shall have the right to inspect the project records Town and City agree that any inspection will be scheduled during normal business hours of 8:00 a.m. to 4:30 p.m. 6. Special Assessments. The Town and the City reserve all rights to specially assess the benefitting properties pursuant to Wis. Stat., §66.0703, together with such other statutory authority as may be permitted by any provision of the Wisconsin Statutes. 7 Other Agreements: Unless specifically modified by the Agreement, the Town and the City acknowledge that nothing herein is intended to amend, modify or supersede other intergovernmental agreements previously executed by the parties. 8. Binding Effect. This Agreement shall bind and accrue to the benefit of the parties and their successors. This Agreement is for the exclusive benefit of the parties and shall not be deemed to give any legal or equitable right, remedy, or claim to any other person or entity. 9. Authority: Each party represents that it has the authority to enter into this Agreement and that all necessary procedures have been followed to authorize this Agreement. Further, each person signing this Agreement represents and warrants that he or she has been authorized to do so by their respective principals. 10. Dispute Resolution: Disputes relating to the interpretation or the enforcement of this Agreement shall be resolved through the Alternative Dispute Resolution procedures administered by the State of Wisconsin—Department of Administration, Division of Intergovernmental Relations—Municipal Boundary Review office, unless such other dispute resolution administration agency is mutually agreed upon by the parties. 11. Miscellaneous. This Agreement shall be liberally construed to accomplish its intended purposes. The parties acknowledge that the language contained in this Agreement is the product of various individuals representing various interests. Therefore, ambiguities shall not Page 2 of 4 be construed against the drafter of this document. This Agreement may be executed in one or more counterparts, each of which shall constitutes an original. Facsimile signatures shall be deemed the same as original signatures. Page 3 of 4 This Agreement shall take effect upon the last date of execution below, and shall expire immediately upon notification that the project did not receive funding through the MLS program, or two years from the date of Substantial Completion if the project received MLS funding. : TOWN OF OSHKOSH By. Town Chairperson Date: Attest. Town Clerk CITY OF OSHKOSH By: Date: City Manager By. Date: City Clerk By. Date: Finance Director By: Date. City Attorney Page 4 of 4